Calcutta High Court
WPA(P)/438/2026 of SK. ASGAR ALI Vs STATE OF WEST BENGAL AND ORS. on 29 September 2026
Item No.13 Ct. No.1 PG IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA(P) 438 of 2026 SK. ASGAR ALI Versus THE STATE OF WEST BENGAL & ORS. Appearance: Mr. Kallol Basu Mr. Samilk Sarkar ………….Advocates for Petitioner
ORDER SHEET
WBCHCA0451392026
Item No.13
Ct. No.1
PG
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA(P) 438 of 2026
SK. ASGAR ALI
Versus
THE STATE OF WEST BENGAL & ORS.
Appearance:
Mr. Kallol Basu
Mr. Samilk Sarkar ………….Advocates for Petitioner Mr. Debapriya Gupta, Ld. AGP
Mr. Suman Banerjee
Mr. Kaustav Seal
Mr. Biswanath Banerjee …………Advocates for State Mr. Sandipan Banerjee Ms. Utsa Dutta Ms. Priyanka Sen …………….Advocates for Durgapur Municipal Corporation Mr. Pratip Mukherjee Ms. Riya Ballav …………….Advocates for Respondent No. 8
CORAM: RAVINDRA VITHALRAO GHUGE,
CHIEF JUSTICE
&
OM NARAYAN RAI, J.
Date: SEPTEMBER 29, 2026
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Order
(Per Court)
1. On 11.09.2026, we had passed the following order: “ 1. Learned advocate for the Petitioner tenders an affidavit-of-service, which is taken on record.
2. Learned advocate appearing for the Respondent State submits that some steps have already been initiated in the light of the grievance voiced by the Petitioner in the PIL and he would gather instructions from the appropriate authorities, keeping in view that he has received the Petition copy today itself.
3. List this Petition on 29th September, 2026 under the heading ‘Urgent Admission’ in the urgent supplementary list.”
2. Learned Additional Government Pleader tenders a copy of the Order Sheet in West Bengal Form No. 270 under (Rule 129 of the Records Mannual, 1917 prescribed for the Proceedings under the West Bengal Public Land (Eviction of Unauthorised Occupants Act), 1962. The two pages note tendered to us, is a record of proceeding indicating the business transacted in the hearing on 24.09.2026. The Photostat copy of the Report is marked as ‘X’ for identification and will be served on all the learned Advocates for the appearing parties.
3. Respondent Nos. 12 to 15, are present during the hearing today. Since a proceeding for demolition of illegal and unauthorised construction has commenced, coupled with the proceedings for eviction and since the present Petitioner is a party to the said proceedings in his capacity of being the complainant, this Petition is disposed off.
4. We, however, deem it appropriate to record that the said proceedings would be completed by the Authorities, by avoiding delay. If any of the parties delay the proceedings on unreasonable or trivial grounds, the concerned Authority would be at liberty to progress to the next stage in the proceedings and conclude the said proceedings on or before 31.12.2026.
5. We also direct that the tenement holders and/or the owner or any person connected with the said Writ building, directly or indirectly, is restrained from creating third party interest or encumbrances of any nature whatsoever, until the conclusion of the proceedings.
(OM NARAYAN RAI, J.) (RAVINDRA V. GHUGE) CHIEF JUSTICE